The new 3 month rule for registering

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16 Sep 2012 5:18 PM by knj Star rating in Costa Blanca. 79 posts Send private message

 Is the rule for 3 consecutive months or cumulative throughout the year?  Say I come for 2 months April & May & 2 months September & October do I have to register?  How can they check this?.





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16 Sep 2012 5:35 PM by johnzx Star rating in Spain. 5242 posts Send private message

 

It’s not new, it was introduced April 2007.
 
That said, it is PERMANENTLY in Spain for 3 months, or a total of 183 days in a year.  
 
So in your case 2 months  twice.    
 
No need, right to register.





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17 Sep 2012 8:21 AM by 66d35 Star rating. 243 posts Send private message

That said, it is PERMANENTLY in Spain for 3 months, or a total of 183 days in a year. 

Will you please provide a supporting reference for your claim (above) that there is a need to register if a "total of 183 days in a year" is achieved?

There is no such requirement in 38/2004.

There is no such requirement in Royal Decree 240/2007.

Where exactly did you get this idea from?

European Law on this topic is very clear. The period is question may be "not less than 90 days" and such periods are independent and consecutive. There is no cumulative element. It would be unlawful and would violate the Directive.

The only part 183 days plays anywhere relates to "fiscal residence" which is an entirely different topic.

 

 

 

 

 

 

 

 

 





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17 Sep 2012 9:05 AM by johnzx Star rating in Spain. 5242 posts Send private message

Apologies KNJ,
 
I should have added (as 66D knows only too well, but wanted yet again to raise his one man campaign against the EU Registration rule, which he has rehearsed in so many posts)  that if one stays the 183 days then they become TAX RESIDENT





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17 Sep 2012 9:29 AM by 66d35 Star rating. 243 posts Send private message

Sorry to correct you.. yet again. It is not, however an "EU rule" on registration as such. There are no obligations on countries to do this. Most do not. Spain does. I also do not have a "campaign" against it as such. I merely believe that if a country does decide to exercise their option to do this, then they should do so fairly, consistently, and in accordance with the law. They should not make up rules on their own as they go along, neither should they mis-use the procedure to try to achieve objectives it was never intended for.





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17 Sep 2012 10:02 AM by johnzx Star rating in Spain. 5242 posts Send private message

KNJ, 
                    Just in case you have by now forgotten your request for help.
 
It was:
                     Is the rule for 3 consecutive months or cumulative throughout the year?  Say I come for 2 months April & May & 2 months September & October do I have to register?  How can they check this?.
 
The answer is:-   You have no need to register.





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